(1) The certificate of registration of a plant variety, other
than an essentially derived variety, under sub-section (2) of section 24
shall be in Form O-2 of the Third Schedule.
(2) The Registrar shall issue the certificate of registration
under sub-section (2) of section 24
within three years of the date of filing of application subject to the
fulfillment of all other requirements.
(3) A copy of the certificate of registration issued under
sub-section (2) of section 24 shall be sent to the Authority; and to such other
body or agency, which the Central Government may, by notification in the
official gazette specify.
38.
Notice to the applicant under section 24
-
(1) If, within a period of twelve months, the application for
registration of a plant variety other than an essentially derived variety is not
completed in the circumstances given in sub-section (3) of section 24, the
Registrar shall issue thirty days notice to the applicant at the address of his
principal place of business in India, or if, he has no principal place of
business in India, at the address for service in India stated in the
application, but if the applicant
has authorized an agent for the purpose of the application, the notice shall be
sent to the agent and a duplicate thereof to the applicant for filing of the
application or such further time as the Registrar may allow for completion of
registration.
(2) The notice under sub-rule (1) shall be in Form
O-3 of the Third Schedule.
39.
Renewal and
revision of registration under section 24 -
(1)
(a) On receipt of an application from the applicant,
the Authority may review and renew the initial duration of registration as
mentioned in sub-section (6) of section 24.
(b) Every application for review and renewal under sub-rule
(1) shall be made in Form PV-6 of the
First Schedule and filed during twelve to eighteen months prior to the
expiry of the initial period of registration.
(c) Every application under sub-rule (1) shall be accompanied
with the fee payable for the remaining years under the initial period of
registration, at the rate fixed for the year preceding the year of application,
along with arrears, if any.
(2)
(a) The renewal of registration may be applied for
either for the remaining period of total aggregate duration of validity of the
registration or for any period within such remaining period.
(b)
In case, the applicant prefers for a period less than the total aggregate
duration, no application shall be entertained for the further renewal of
registration.
(3)
(a) The fee payable for such extended period of
registration beyond nine years in the case of trees and vines and six years in
the case of other crop varieties, as the case may be, shall be based on average
annual fee levied during the last two years of the said initial period of
registration.
(b)
The annual fee shall be uniform for the extended period of the registration and
be payable in advance in single instalment.
(4)
The Authority shall within such intervals as it thinks
appropriate publish a list of varieties registered as well as renewed under the
Act with the particulars of the period of registration, name and address of
right holders periodically in its journal and in the Official Gazette.
40.
Publication of contents of the certificate inviting
claims for benefit sharing under section 26
-
(a)
the registration number along with the date of grant,
(b)
the name and address of the applicant or breeder in
whose name the certificate has been issued or registered,
(c)
denomination of the variety,
(d)
name of the family, genus, species, variety and common
name,
(e)
parentage and geographical location of the variety,
(f)
the details of the distinguishing features or the
characteristics,
(g)
in case of ‘essentially derived variety’, the
details of the ‘initial variety’ from which the ‘essentially derived
variety’ is claimed to have been derived.
(h)
the name and address of the contributor, nature and
amount of the contribution or the community knowledge used in the development of
the plant variety.
(i)
the terms and conditions of the agreement, if any,
entered into between the breeder and the contributor.
(j)
if the variety is sold or otherwise disposed of,
details thereof.
41.
Benefit
sharing claim under section 26 -
(1)
Upon the publication of the particulars of a certificate under
sub-section (1) of section 26, a person or group of persons or firm or a
non-governmental organization can make a claim under sub-section (2) of that
section for benefit sharing in Form PV-7
of the First Schedule
within a period of six months from the date of such publication.
Provided that in special circumstances, the Authority may extend the time limit beyond the period of six months.
(2) The person or persons or firm or the non-governmental organization, who has made an application for benefit sharing, shall provide the following information, namely :
(a) the contribution made by the person or the group of persons or firm or community or the non-governmental organisations to the genetic development of the plant variety ;
(b) the capacity in which the person or the group of persons or the non-governmental organisation is making the claim for benefit sharing ;
(c) in case of “essentially derived varieties”, the terms and conditions in which authorisation has been given ;
(d)
the commercial viability or the actual market performance of the
variety so registered.
(3) An applicant for benefit sharing shall pay the fee as specified for
the purpose, in column (3) of the Second
Schedule.
42.
Opposition to a claim for benefit sharing under section 26
-
(1)
On receipt of a copy of the claim for benefit sharing,
the registered breeder of the plant variety may accept the claim and accordingly
intimate the same to the Authority within a period of three months from the date
of such receipt..
(2)
In the eventuality of the plant breeder failing or
defaulting to tender the intimation under sub-rule(1) within the period of three
months, referred to in sub-rule(1) it shall be presumed that he has no
opposition to such claim and the claim shall be decided accordingly.
(3)
If, within a period of three months of receipt of
notice of claim, the breeder of the plant variety files his opposition to the
claim for benefit sharing, such an opposition shall be taken into consideration
while disposing or deciding the claim for benefit sharing.
(4) Every notice of opposition, under sub-rule(3) shall be in Form PV-8 of the First Schedule.
(5)
The Authority, upon receiving the reply from the
registered breeder, shall furnish a copy of such reply to the claimant for
benefit sharing.
(6)
The registered breeder or the claimant to benefit
sharing shall furnish supporting document and other evidence, which shall be
duly considered by the Authority while disposing of any claim for benefit
sharing.
43.
Determination of benefit sharing under section 26
-
The Authority shall, by order, determine the amount of benefit
sharing to a variety according to clauses (a) and (b) of sub-section (5) of
section 26 and taking into account the following criteria, namely -
(a)
the contribution of the claimant in selecting,
conserving and providing the genetic material,
(b)
the contribution of such genetic material in providing
one or more traits which conferred high commercial value to the variety, and
(c)
the contribution of such genetic material to impart
high combining ability to the parents of the hybrid variety relating to benefit
sharing.
44.
Reference for recovering benefit sharing under section 26
-
In
case of default or failure on the part of the breeder of the variety to deposit
the amount of benefit sharing in the Gene Fund, as per the order of the
Authority of section 26, required under sub-section(6) within a period of three
months from the date of such order, the Registrar shall make a reference to the
District Magistrate under sub-section (7) of that section 26 in Form O-4 of the Third
Schedule.
45.
Application for registration of title of agent or licensee under section
28 -
(1)
An application under sub-section
(4) of section 28 for registration as an
agent or licensee, as the case may be, shall be made in Form
PV-9 of the First Schedule.
(2)
The application for title by a
licensee or an agent shall be accompanied by three attested copies of the agreement or instrument of
entitlement or any other documentary
evidence.
(3)
The proposed
agent or licensee may also be required to
produce such other documents and information as may be required by the
Registrar in support of the proof of title.
(4)
The applicant under sub-section (4) of section 28 shall pay the
fee as specified for the purpose in column (3) of the Second
Schedule.
46. Reference
of disputes of entitlement under section 28
-
(1)
While referring a dispute under sub-section (4) of
section 28 to the Authority for determination the Registrar shall furnish all
the relevant information related to dispute with three copies of all the
documents and evidence available with his office.
(2)
On receipt of an order of the Authority in respect of the dispute, the
Registrar shall furnish copies of the order to the persons involved for
necessary compliance.
47.
Certificate of registration of entitlement under section 28
-
The certificate
of registration to be issued to a registered licensee or an agent by the
Registrar under sub-section (4) of section 28 shall be in Form
O-5 of the Third Schedule.
48.
Application and procedure for varying or cancelling terms of registration
under section 28 -
(1)
An application under clauses (a), (b), (c), (d), or
(e) of sub-section (9) of
section 28 for variation or cancellation of the terms of registration of a
registered breeder or his successor or any other person shall be in Form
PV-10 of the First Schedule.
(2)
Every applications under sub-rule (1) shall be
accompanied by a fee as specified for the purpose in column (3) of the Second
Schedule.
49.
Notice and proceedings under section 28
-
(1)
The Registrar shall issue notice of every application
under sub-section (10) of section 28 in Form
O- 6 of the Third Schedule to the
registered breeder or the agent or the licensee.
(2)
Any person to whom a notice has been issued under
sub-rule (1) and who intends to oppose or intervene in any proceedings under
section 28, shall, within three months of the receipt of such notice, give
notice of opposition or intervention to the Registrar in Form PV-11 of the First
Schedule.
(3)
On receipt of a notice of opposition or intervention
the Registrar shall furnish a copy of it to the applicant.
(4)
The Registrar may accept or refuse the application or accept it subject to any
condition, modification or limitation as directed by the Authority and shall
inform the parties in writing accordingly.